Once upon a time, a seriously-alarmed legislature grew concerned that wage-hour claims and litigation had gotten out-of-hand.
A series of court decisions had, among other things, broadly expanded the scope of what counted...more
Management's already-daunting, time-consuming responsibilities are further complicated by the need to motivate employees to do desirable things and to deter them from doing unwanted things. It is therefore understandable that...more
10/13/2017
/ Best Management Practices ,
Employee Incentive Plans ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Non-Exempt Employees ,
Over-Time ,
Pay Reductions ,
Training ,
Wage and Hour ,
Workplace Safety
How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more
8/16/2017
/ Back Wages ,
Calculation of Damages ,
Department of Labor (DOL) ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
New presidents are often judged based on their accomplishments in their first 100 days in office. President Trump is no exception to that rule. The Trump administration recently passed that milestone date, offering an...more
5/4/2017
/ Affirmative Action ,
Blacklist ,
Buy American Act ,
Data Security ,
Domestic Hiring Policy ,
EEO-1 ,
Employee Privacy Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Immigration Reform ,
Labor Relations ,
LGBTQ ,
Neil Gorsuch ,
OSHA ,
Over-Time ,
Pay Equity Laws ,
SCOTUS ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
The U.S. House of Representatives is now actively considering the "Working Families Flexibility Act of 2017" (H.R. 1180), which would amend the federal Fair Labor Standards Act to permit private-sector employers to offer...more
U.S. Labor Secretary candidate Alexander Acosta's March 22 appearance before the Senate's Health, Education, Labor & Pensions Committee produced some interesting interchanges having to do with matters relating to the federal...more
Readers will recall that, in 2011, the U.S. Department of Labor undertook to discourage the use of fluctuating-workweek pay plans under the federal Fair Labor Standards Act.
This compensation method calls for paying a...more
For the second time in less than a year, the U.S. Department of Labor will soon publish increases in the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act and/or related...more
We have written previously about how important the "workweek" concept is in complying with the federal Fair Labor Standards Act's minimum-wage and overtime requirements.
An FLSA workweek is a fixed, regularly-recurring...more
Presidential elections have typically sparked speculation about possible changes in employment laws and enforcement policies. But this seems to be especially true now, due in part to the discussion already occurring about...more
In a dramatic last-minute development, a federal judge in Texas today blocked the U.S. Department of Labor’s (USDOL’s) overtime rule from taking effect on December 1, handing an eleventh-hour victory to employers across the...more
11/23/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
We have previously cautioned that (with one very limited exception) federal Fair Labor Standards Act regular-rate principles do not support paying a fixed salary that "includes" FLSA overtime premium for varying numbers of...more
The December 1 effective date for the increased dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions is now only a little more than two months away.
In addition...more
There appears to be some continuing misunderstanding about exactly which exempt employees might be affected by the December 1 increase in the minimum salary amount required to meet the basic compensation criterion for an...more
Once the U.S. Labor Department's revised definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions take effect, employers will be allowed to:
- Pay as little as 90% of the new $913...more
Management need not keep hours-worked records for employees who qualify for one of the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions. 29...more
Due to coming changes in the U.S. Labor Department's compensation requirements for the federal Fair Labor Standards Act's "white collar" exemptions, many employers will no longer rely upon those exemptions for at least some...more
We have said for a while now that a "fluctuating workweek" pay plan might suit some employers' needs as to workers whom they will no longer treat as overtime-exempt in light of the U.S. Labor Department's coming federal Fair...more
According to Bloomberg BNA, reports are that the new minimum salary for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions will annualize to "about" $47,000. The actual salary requirement is not...more
The U.S. Labor Department's commentary regarding its proposed federal Fair Labor Standards Act Section 13(a)(1) exemption regulations said that it might "permit" employers to "count" or "credit" against the impending higher...more
The publication date for the U.S. Labor Department's revised federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemption definitions remains uncertain. But a growing consensus is that they are likely to be...more
According to the federal Office of Information and Regulatory Affairs' website, the U.S. Labor Department has submitted for review the final revised regulatory definitions of the federal Fair Labor Standards Act's Section...more
Chris is a non-exempt computer Help Desk employee. During one workweek of each calendar quarter, after his normal shift ends he leaves his workplace but is on-call for eight hours a day for each of seven days. On average,...more
A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that:
- Failing to pay non-exempt employees the FLSA-required minimum-wage or...more
The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act.
...more